 Carolyn V Watson |
Copywright Can anyone tell me if I'm breaking any copywright laws by photographing public businesses or residences and selling those images? Or how about photographing people in front of businesses or residences that I don't own?
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Sarah L. de Jong |
you mean copyright? can you define a public business? the word public usually refers to things like public transport (government) and business usually means private. always best to get permission if you intend to sell your pics and that would include people. probably good idea to google the word copyright. good luck
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Jeffrey R. Whitmoyer |
There are a couple of websites which will help you to understand what you can and can't do regarding copyrights. Go to www.photoattorney.com for a start, explore the links from there. Another important one is Bert Krages sight for The Photographers Right, www.krages.com. All of us should carry a copy of The Photographers Right as a part of our gear. Generally speaking if you shoot from a public place such as a sidewalk or roadside you are ok. As Sarah says it is always best to ask just to keep peace. Jeff
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Carolyn V Watson |
Public just means local businesses. I had some pictures I took in our very small town, made cards out of them and tried to put them in the grocery store to sell. The lady who owns the grocery store was very upset and told me I was breaking copyright laws. I told her I'd check into it. All my shots are taken from the road or sidewalk.
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Jeffrey R. Whitmoyer |
I'm not a lawyer by any means but commercial buildings are permissible subjects as are residential buildings. If you are using them for stock sales you will need a release, not by law but because the stock agency is practicing a degree of diligence known as CYA-Cover Your ---. That avoids issues for them before they happen. Your application isn't for stock purposes. You might ask her what aspect of the law she thinks you violated and try to eradicate the problem, for instance store name can be eliminated etc. She hasn't looked at it from the aspect of the photo's being promotion for her store either, every time someone see's the picture something recognizable is there to remind a customer of the store. You could, in the future, shoot a more generalized image of the downtown, unless there is a specific "arty" look to some aspect of the business, which makes a tighter shot desirable. As suggested before, download THE PHOTOGRAPHERS RIGHT and be prepared to present it when questioned. You have the right to take the shot, she has the right to refuse allowing you to display for sale in her store. Jeff
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Dawn Mikkelson |
I recently researched the topic "property release" for a project I am working on. I found the American Society of Media Photographers website (asmp.org) very informative. Bottom line, it never hurts to get a release. But as a result of this research I decided to use public buildings (government) in my work to avoid any issues. And luckily I wasn't stopped by anyone concerned with my taking pictures of the local courthouse and City Hall. Dawn
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Lynn R. Powers |
Carolyn, Remember the lady knows more about tomatoes than copyright laws. If her store is the only business shown AND it shows the name of the store she may have a point, I'm not sure. I do know that you cannot sell the photo for someone elses advertisement. Nor did you break any laws taking the photo. You can post them on the web and into your portfolio If her business is part of a scene with other businesses tell her to go fly a kite. If you are going to show the name of a small business it is best to get a property release. Offer to pay them with a photo. As others have said check with a lawyer.
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